Ramkumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3528 of 2025 Arising Out of PS. Case No.-80 Year-2019 Thana- PARSAUNI District- Sitamarhi ====================================================== Ramkumar Mahto S/o Raudi Mahto R/o Village- Nanpur, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Uday Kumar, Advocate.

For the State :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Prasauni P.S. Case No. 80 of 2019, dated 19.10.2019 registered for the offences punishable under Sections 384 and 387 of the Indian Penal Code.

3. As per allegation, the informant had got a call from Mobile Nos. 6209289240 and 9956995420 for extortion money.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that Mobile numbers in question are not in the name of the petitioner. He further submits that the name of the petitioner has transpired only on the basis of confessional statement of co-accused which has no evidentiary

Patna High Court CR. MISC. No.3528 of 2025(3) dt.28-02-2025 2/3 value. He further submits that similarly situated co-accused, Dilip Kumar @ Dilip Kumar Singh has been enlarged on anticipatory bail by this Court vide order dated 15.02.2025 passed in Cr. Misc. No. 5207 of 2025.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has been made accused in two other cases.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Sitamarhi, in connection with Prasauni P.S. Case No. 80 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the

Patna High Court CR. MISC. No.3528 of 2025(3) dt.28-02-2025 3/3 following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) S.Ali/- U T